intellectual ventures ii llc
TRANSCRIPT
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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
INTELLECTUAL VENTURES II LLC,
Plaintiff,
v.
CENTURYLINK, INC.
(f/k/a CENTURYTEL, INC.),CENTURYTEL BROADBAND SERVICES, LLC
(d/b/a CENTURYLINK),QWEST COMMUNICATIONS INTERNATIONAL, INC.,QWEST CORP.
(d/b/a CENTURYLINK QC),EMBARQ CORP.
(d/b/a CENTURYLINK, INC.),andSAVVIS, INC.
(a/k/a SAVVIS COMMUNICATIONS CORP.,a/k/a SAVVIS)
Defendants.
Civil Action No. 1:13cv118
JURY TRIAL DEMANDED
COMPLAINT
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Plaintiff Intellectual Ventures II LLC (Intellectual Ventures II) hereby files this
Complaint against Defendants CenturyLink, Inc. (f/k/a CenturyTel, Inc.), CenturyTel Broadband
Services, LLC (d/b/a CenturyLink), Qwest Corp. (d/b/a CenturyLink QC), Qwest
Communications International, Inc., Embarq Corp. (d/b/a CenturyLink Inc.), and Savvis, Inc.
(a/k/a Savvis Communication Corp.), and alleges as follows:
PARTIES
1. Intellectual Ventures II is a Delaware limited liability company with its principal
place of business in Bellevue, Washington.
2. Upon information and belief, CenturyLink, Inc. is a Louisiana limited liability
company having its principal place of business at 100 CenturyLink Drive, Monroe, LA 71203.
CenturyLink, Inc. was formerly known as CenturyTel, Inc.
3. Upon information and belief, CenturyTel Broadband Services, LLC
(CenturyTel) is a Louisiana limited liability company having its principal place of business at
100 CenturyLink Drive, Monroe, LA 71203. Upon information and belief, CenturyTel is a
wholly-owned subsidiary of CenturyLink, Inc.
4. Upon information and belief, Qwest Communications International, Inc. is a
Delaware corporation having its principal place of business at 100 Centurylink Drive, Monroe,
LA 71203. Upon information and belief, Qwest Communications International, Inc., is a wholly-
owned subsidiary of CenturyLink, Inc. On information and belief, CenturyLink merged with
Qwest Communications International, Inc. on April 1, 2011.
5. Upon information and belief, Qwest Corp. (d/b/a CenturyLink QC) is a Colorado
corporation having its principal place of business at 100 Centurylink Drive, Monroe, LA 71203.
Upon information and belief, Qwest Corp. is a wholly-owned subsidiary of Qwest
Communications International, Inc., which is a wholly-owned subsidiary of CenturyLink, Inc.
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6. Upon information and belief, Embarq Corp. (d/b/a CenturyLink, Inc.) is a
Delaware corporation having its principal place of business at 100 CenturyLink Drive, Monroe,
Louisiana 71203. Upon information and belief,Embarq Communications, Inc. is a wholly-
owned subsidiary of CenturyLink, Inc. Upon information and belief, CenturyLink, Inc. acquired
Embarq Corp. on July 1, 2009.
7. Upon information and belief, Savvis, Inc. (a/k/a Savvis Communications Corp.,
a/k/a SAVVIS) is a Delaware corporation having its principal place of business at 100
CenturyLink Drive, Monroe, Louisiana 71203. Upon information and belief, Savvis, Inc. is a
wholly-owned subsidiary of CenturyLink, Inc. Upon information and belief, CenturyLink, Inc.
acquired Savvis on July 15, 2011.
NATURE OF THE ACTION
8. This is a civil action for the infringement of United States Patent No. 6,424,636,
United States Patent No. 6,246,695, United States Patent No. 5,790,548, United States Patent No.
6,101,182, United States Patent No. 5,534,912, United States Patent No. 7,817,532, United
States Patent No. 7,649,928, United States Patent No. 8,045,601, United States Patent No.
7,860,175, United States Patent No. 6,498,808, United States Patent No. 6,667,991, United
States Patent No. 6,654,410, United States Patent No. 7,508,876, United States Patent No.
6,567,473, United States Patent No. 6,798,735, United States Patent No. 6,266,348, United
States Patent No. 7,272,171, United States Patent No. 7,826,545, and United States Patent No.
6,647,068 (collectively, the Patents-in-Suit) under the Patent Laws of the United States, 35
U.S.C. 1 et seq.
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sell infringing products and services with the knowledge and intent to facilitate infringing sales
and use of the products and services by others within Texas and this district. Further,
CenturyLink sells and/or leases equipment to customers in Texas that has no substantial non-
infringing use other than to be used as part of an infringing system and to perform the patented
methods.
12. Venue is proper and convenient in this judicial district as to Defendants pursuant
to 28 U.S.C. 1391 and 1400(b).
13. Intellectual Ventures maintains a substantial physical presence within this district,
with offices and 15 employees located at 515 Congress Avenue, Suite 1310, Austin, Texas
78701. Intellectual Ventures established its offices in Austin in 2008, and maintains a staff of
engineers, attorneys, and professional staff at its Austin location. This office includes personnel
who perform service for Intellectual Ventures II LLC.
14. Joinder of Defendants in this case is proper under 35 U.S.C. 299 because
Defendants act jointly and collectively to offer for sale, sell, use, and induce the use of infringing
DSL products and services. At least some of Plaintiffs right to relief is joint, several and/or in
the alternative against Defendants and is with respect to or arises from the same transaction,
occurrence, or series of transactions or occurrences relating to the same accused products and
processes, namely the sale or use of infringing DSL apparatuses or systems. Defendants
accused activities relate to the same accused products or processes, said products and processes
being at least the same in respects relevant to the Patents-in-Suit. Intellectual Ventures IIs
claims against Defendants share an aggregate of operative facts and common questions of fact
will arise in this action, including the design and operation of the accused DSL systems,
Defendants collective actions in offering for sale, selling and using the accused products and
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processes, and Defendants collective actions to induce customers to perform some or all of the
steps of the claimed methods.
THE PATENTS-IN-SUIT
15. Paragraphs 1-14 are reincorporated by reference as if fully set forth herein.
16. On July 23, 2002, United States Patent No. 6,424,636 (the 636 Patent), titled
Variable Rate And Variable Mode Transmission System, was duly and lawfully issued by the
United States Patent and Trademark Office (PTO). The `636 Patent is attached hereto as
Exhibit A.
17. Intellectual Ventures II owns all substantial right, title, and interest in the `636
Patent, and holds the right to sue and recover damages for infringement thereof, including past
infringement.
18. On June 12, 2001, United States Patent No. 6,246,695 (the `695 Patent), titled
Variable Rate And Variable Mode Transmission System, was duly and lawfully issued by the
PTO. The `695 Patent is attached hereto as Exhibit B.
19. Intellectual Ventures II owns all substantial right, title, and interest in the `695
Patent, and holds the right to sue and recover damages for infringement thereof, including past
infringement.
20. On August 4, 1998, United States Patent No. 5,790,548 (the `548 Patent), titled
Universal Access Multimedia Data Network, was duly and lawfully issued by the PTO. The
`548 Patent is attached hereto as Exhibit C.
21. Intellectual Ventures II owns all substantial right, title, and interest in the `548
Patent, and holds the right to sue and recover damages for infringement thereof, including past
infringement.
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22. On August 8, 2000, United States Patent No. 6,101,182 (the `182 Patent), titled
Universal Access Multimedia Data Network, was duly and lawfully issued by the PTO. The
`182 Patent is attached hereto as Exhibit D.
23. Intellectual Ventures II owns all substantial right, title, and interest in the `182
Patent, and holds the right to sue and recover damages for infringement thereof, including past
infringement.
24. On July 9, 1996, United States Patent No. 5,534,912 (the `912 Patent), titled
Extended Range Video On Demand Distribution System, was duly and lawfully issued by the
PTO. The `912 Patent is attached hereto as Exhibit E.
25. Intellectual Ventures II owns all substantial right, title, and interest in the `912
Patent, and holds the right to sue and recover damages for infringement thereof, including past
infringement.
26. On October 19, 2010, United States Patent No. 7,817,532 (the `532 Patent),
titled Adaptive Allocation for Variable Bandwidth Multicarrier Communication, was duly and
lawfully issued by the United States Patent and Trademark Office (PTO). The `532 Patent is
attached hereto as Exhibit F.
27. Intellectual Ventures II owns all substantial right, title, and interest in the `532
Patent, and holds the right to sue and recover damages for infringement thereof, including past
infringement.
28. On January 19, 2010, United States Patent No. 7,649,928 (the `928 Patent),
titled Method For Synchronizing Seamless Rate Adaptation, was duly and lawfully issued by
the United States Patent and Trademark Office (PTO). The `928 Patent is attached hereto as
Exhibit G.
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29. Intellectual Ventures II owns all substantial right, title, and interest in the `928
Patent, and holds the right to sue and recover damages for infringement thereof, including past
infringement.
30. On October 25, 2011, United States Patent No. 8,045,601 (the `601 Patent),
titled Method For Synchronizing Seamless Rate Adaptation, was duly and lawfully issued by
the United States Patent and Trademark Office (PTO). The `601 Patent is attached hereto as
Exhibit H.
31. Intellectual Ventures II owns all substantial right, title, and interest in the `601
Patent, and holds the right to sue and recover damages for infringement thereof, including past
infringement.
32. On December 28, 2010, United States Patent No. 7,860,175 (the `175 Patent),
titled Method for Seamlessly Changing Power Modes In An ADSL System, was duly and
lawfully issued by the United States Patent and Trademark Office (PTO). The `175 Patent is
attached hereto as Exhibit I.
33. Intellectual Ventures II owns all substantial right, title, and interest in the `175
Patent, and holds the right to sue and recover damages for infringement thereof, including past
infringement.
34. On December 24, 2002, United States Patent No. 6,498,808 (the `808 Patent),
titled Seamless Rate Adaptive Multicarrier Modulation System And Protocols, was duly and
lawfully issued by the United States Patent and Trademark Office (PTO). The `808 Patent is
attached hereto as Exhibit J.
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35. Intellectual Ventures II owns all substantial right, title, and interest in the `808
Patent, and holds the right to sue and recover damages for infringement thereof, including past
infringement.
36. On December 23, 2003, United States Patent No. 6,667,991 (the `991 Patent),
titled Method For Synchronizing Seamless Rate Adaptation, was duly and lawfully issued by
the United States Patent and Trademark Office (PTO). The `991 Patent is attached hereto as
Exhibit K.
37. Intellectual Ventures II owns all substantial right, title, and interest in the `991
Patent, and holds the right to sue and recover damages for infringement thereof, including past
infringement.
38. On November 25, 2003, United States Patent No. 6,654,410 (the 410 Patent),
titled Fast Initialization Using Seamless Rate Adaptation, was duly and lawfully issued by the
United States Patent and Trademark Office (PTO). The 410 Patent is attached hereto as
Exhibit L.
39. Intellectual Ventures II owns all substantial right, title, and interest in the 410
Patent, and holds the right to sue and recover damages for infringement thereof, including past
infringement.
40. On March 24, 2009, United States Patent No. 7,508,876 (the `876 Patent), titled
Fast Initialization Using Seamless Rate Adaptation, was duly and lawfully issued by the
United States Patent and Trademark Office (PTO). The `876 Patent is attached hereto as
Exhibit M.
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41. Intellectual Ventures II owns all substantial right, title, and interest in the `876
Patent, and holds the right to sue and recover damages for infringement thereof, including past
infringement.
42. On May 20, 2003, United States Patent No. 6,567,473 (the 473 Patent), titled
Method For Seamlessly Changing Power Modes In A ADSL System, was duly and lawfully
issued by the United States Patent and Trademark Office (PTO). The 473 Patent is attached
hereto as Exhibit N.
43. Intellectual Ventures II owns all substantial right, title, and interest in the 473
Patent, and holds the right to sue and recover damages for infringement thereof, including past
infringement.
44. On September 28, 2004, United States Patent No. 6,798,735 (the `735 Patent),
titled Adaptive Allocation For Variable Bandwidth Multicarrier Communication, was duly and
lawfully issued by the United States Patent and Trademark Office (PTO). The `735 Patent is
attached hereto as Exhibit O.
45. Intellectual Ventures II owns all substantial right, title, and interest in the `735
Patent, and holds the right to sue and recover damages for infringement thereof, including past
infringement.
46. On July 24, 2001, United States Patent No. 6,266,348 (the 348 Patent), titled
Splitterless Multicarrier Modem, was duly and lawfully issued by the United States Patent and
Trademark Office (PTO). The 348 Patent is attached hereto as Exhibit P.
47. Intellectual Ventures II owns all substantial right, title, and interest in the 348
Patent, and holds the right to sue and recover damages for infringement thereof, including past
infringement.
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48. On September 18, 2007, United States Patent No. 7,272,171 (the `171 Patent),
titled Variable State Length Initialization, was duly and lawfully issued by the United States
Patent and Trademark Office (PTO). The `171 Patent is attached hereto as Exhibit Q.
49. Intellectual Ventures II owns all substantial right, title, and interest in the `171
Patent, and holds the right to sue and recover damages for infringement thereof, including past
infringement.
50. On November 2, 2010, United States Patent No. 7,826,545 (the `545 Patent),
titled Variable State Length Initialization, was duly and lawfully issued by the United States
Patent and Trademark Office (PTO). The `545 Patent is attached hereto as Exhibit R.
51. Intellectual Ventures II owns all substantial right, title, and interest in the `545
Patent, and holds the right to sue and recover damages for infringement thereof, including past
infringement.
52. On November 11, 2003, United States Patent No. 6,647,068 (the `068 Patent),
titled Variable State Length Initialization, was duly and lawfully issued by the United States
Patent and Trademark Office (PTO). The `068 Patent is attached hereto as Exhibit S.
53. Intellectual Ventures II owns all substantial right, title, and interest in the `068
Patent, and holds the right to sue and recover damages for infringement thereof, including past
infringement.
FACTUAL BACKGROUND
Intellectual Ventures
54. Intellectual Ventures Management, LLC (Intellectual Ventures) was founded in
2000. Since its founding, Intellectual Ventures has been deeply involved in the business of
invention. Intellectual Ventures creates inventions and files patent applications for those
inventions; collaborates with others to develop and patent inventions; and acquires and licenses
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patents from individual inventors, universities, and other institutions. A significant aspect of
Intellectual Ventures business is managing the plaintiffs in this case, Plaintiffs Intellectual
Ventures II.
55. Intellectual Ventures business includes purchasing important inventions from
individual inventors and institutions and then licensing the inventions to those who need them.
Through this business, Intellectual Ventures allows inventors to reap a financial reward from
their innovations, a frequently difficult task for individual inventors. To date, Intellectual
Ventures has built a portfolio of nearly 40,000 assets and more than 3,000 of those patents and
patent applications are the result of Intellectual Ventures own invention efforts, both in-house
and with Intellectual Ventures inventor network. Intellectual Ventures has paid individual
inventors more than $400 million for their inventions. Intellectual Ventures, in turn, has earned
more than $2 billion by licensing these patents to some of the worlds most innovative and
successful technology companies who continue to use them to make computer equipment,
software, semiconductor devices, consumer products, and a host of other products.
56. Intellectual Ventures also develops its own inventions. Intellectual Ventures has a
staff of scientists and engineers who develop ideas in a broad range of fields, including
agriculture, computer hardware, life sciences, medical devices, semiconductors, and software.
Intellectual Ventures has invested millions of dollars developing such ideas and has filed
hundreds of patent applications on its inventions every year, making it one of the top patent filers
in the world. Intellectual Ventures also has invested in laboratory facilities to assist with the
development and testing of new ideas.
57. Intellectual Ventures also develops inventions by collaborating with inventors and
research institutions around the world. For example, Intellectual Ventures has developed
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inventions by selecting a technical challenge, requesting proposals for inventions to solve the
challenge from inventors and institutions, selecting the most promising ideas, rewarding the
inventors and institutions for their contributions, and filing patent applications on the ideas.
Intellectual Ventures has invested millions of dollars in this way and has created a network of
more than 4000 inventors worldwide.
CenturyLinks Digital Subscriber Line (DSL) Services
58. CenturyLink is a leading provider of telecommunications services in the United
States and the world. CenturyLinks services vary by market and include: Internet services,
digital television (TV) services, voice over Internet protocol services (Voice) services,
data/broadband services, video services, telecommunications equipment, managed networking,
wireless communications services, local exchange services, wholesale telecommunications
services, and long-distance services.
59. CenturyLink uses digital subscriber line (DSL) technology and equipment to
provide Internet, Voice, and/or TV services to residential and business subscribers located in
various markets throughout the United States including Austin, Texas. DSL is a broadband
transmission technology that involves sending digital information over a telephone line. Usually,
the telephone line is owned by a local telephone company (also called a local exchange carrier).
A DSL connection is normally terminated at each end of a telephone line by a DSL transceiver.
Typically, a DSL connection is established using two main pieces of equipment: (1) DSL
customer premises equipment located at a customer premises, and including a DSL transceiver
(Customer Premises Equipment); and (2) DSL service provider equipment connected to one or
more sets of DSL Customer Premises Equipment via telephone line, and including a DSL
transceiver (Service Provider Equipment). Typically, the Service Provider Equipment is
located at some distance remote from the customer premises that it connects to, and optionally
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may include a digital subscriber line access multiplexer (DSLAM) among various other
elements. In some cases where DSL technology is used to provide digital television services, the
Service Provider Equipment may include a video-ready access device (VRAD). In some
situations, at least part of the Service Provider Equipment may be located at a central office of a
telephone exchange that services corresponding customer premises.
60. CenturyLink uses DSL technology to provide Internet services under various
service names including but not limited to CenturyLink High-Speed Internet and Pure
Broadband. According to its 10-K filings with the U.S. Securities and Exchange Commission,
CenturyLink had 5.8 million broadband subscribers in June, 2012. Upon further information and
belief, CenturyLink Prism TV is a brand name for digital television service provided by
CenturyLink using DSL technology. CenturyLink customers may receive Prism TV service
alone, or as part of a bundle with Voice and/or Internet services. Upon information and belief,
CenturyLink Choice TV is a brand name for another DSL-based digital television service
provided by CenturyLink in select markets.
61. CenturyLink provides Customer Premises Equipment to subscribers for
deployment at customer premises for the purpose of accessing CenturyLink s DSL-based
Internet, Voice and/or TV Services. Upon information and belief, CenturyLink also sells DSL
Customer Premises Equipment that is designed and configured specifically to be compatible with
CenturyLink Service Provider Equipment and CenturyLinks DSL-based Internet, Voice and/or
TV Services. Upon information and belief, CenturyLink leases DSL Customer Premises
Equipment to some subscribers. Upon information and belief, CenturyLink dispatches service
technicians to customer premises in order to install, connect, configure, and use DSL Customer
Premises Equipment. Upon information and belief, CenturyLink also provides instructions to
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CenturyLink customers on how to install, connect, configure, and use DSL Customer Premises
Equipment in order to access CenturyLinks DSL-based Internet, Voice and/or TV Services.
62. CenturyLink owns and operates at least some of the telephone lines used to
deliver CenturyLink DSL-based Internet, Voice and/or TV Services to its customers. Upon
information and belief, CenturyLink also leases at least some telephone lines from other
exchange carriers in order to deliver CenturyLink DSL-based Internet, Voice and/or TV Services
to its customers.
63. CenturyLink also provides wholesale DSL services to wholesale customers
including Competitive Local Exchange Carriers and Resellers (collectively referred to herein as
"CLECs") for resale to their Resale and CenturyLink Local Services Platform (CLSP) end
user customers. Upon information and belief, CenturyLink provides wholesale DSL transport
services under the names CenturyLink Broadband for Resale and Qwest Broadband for
Resale. Upon information and belief, this service provides end users with fast and reliable
internet connectivity and continuous dedicated access to a selected Internet Service Provider
(ISP). Upon information and belief, CenturyLinks wholesale services are available with voice
services (voice and data are transmitted concurrently over a single local loop and 'split' at the
serving central office or remote terminal) or on a data only, no-voice ('standalone') basis.
64. CenturyLinks DSL-based Internet, Voice and TV Services, as well as
CenturyLinks wholesale DSL transport services (collectively CenturyLinks Wholesale and
Retail DSL Services) are delivered via DSL communications networks that are designed,
configured, integrated and arranged to operate in accordance with DSL standard specifications
issued by the International Telecommunication Union, including: Very High Speed Digital
Subscriber Line Transceivers 2 (VDSL2), Telecommunication Standardization Sector of
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International Telecommunication Union (ITU-T), G.993.2 (the VDSL2 standard); and/or
Asymmetric digital subscriber line transceivers 2 (ADSL2), Telecommunications
Standardization Sector of International Telecommunication Union (ITU-T), G.992.3 (the
ADSL2 standard).
65. At least some of the DSL Customer Premises Equipment that CenturyLink
provides to its DSL customers is designed and configured for communication with
CenturyLinks DSL Service Provider Equipment in accordance with DSL standard specifications
including the ADSL2 and/or VDSL2 standards.
66. CenturyLink markets and offers for sale its Wholesale and Retail DSL Services to
business and residential customers under the CenturyLink Inc. brand name through at least
CenturyLink Inc.s website, www.centurylink.com.
67. Upon information and belief, Qwest Corporation (d/b/a CenturyLink QC)
(Qwest) provides an array of communications services to residential, business, governmental
and wholesale customers, including local voice, network access, private line (including special
access), broadband, data and video services. In certain local and regional markets, Qwest also
provides fiber transport and other telecommunications services to competitive local exchange
carriers. Upon information and belief, Qwest maintains and operates a national fiber network
that extends throughout the State of Texas, including this district. On further information and
belief, as of December 31, 2011, Qwest Corporation operated approximately 8.5 million access
lines in 14 states principally in the western United States, and served approximately 3.1 million
broadband subscribers.
68. CenturyLink infringes the Patents-in-Suit by making, using, offering to sell, and
selling DSL products and equipment and also by offering and providing CenturyLinks
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Wholesale and Retail DSL Services to residential, business and governmental customers
throughout the United States, including the Western District of Texas. Defendants are
collectively and/or individually liable for providing the infringing products and/or services. For
example, CenturyLink Inc. approves and authorizes capital expenditure by the CenturyLink
Subsidiaries necessary to provide CenturyLinks Wholesale and Retail DSL Services to
customers.
COUNT I(CenturyLinks Infringement of the `636 Patent)
69. Paragraphs 1-68 are incorporated by reference as if fully restated herein.
70. The `636 Patent covers, among other things, a DSL transmission system for
transmitting information at selectable transmission rates in upstream and downstream directions
between first and second DSL modems. CenturyLink installs, configures, controls and operates
DSL Service Provider Equipment and Customer Premises Equipment for the purpose of
providing Wholesale and Retail DSL Services in a manner that provides for setting transmission
rates in upstream and/or downstream directions. As a result of these actions, CenturyLink has
directly infringed one or more claims of the `636 Patent, either literally or under the doctrine of
equivalents, by making and using infringing systems in violation of 35 U.S.C. 271(a). In
addition, customers who subscribe to CenturyLinks Wholesale and Retail DSL Services have
and continue to directly infringe the `636 Patent in violation of 35 U.S.C. 271(a) by using DSL
systems covered by claims of the `636 Patent, either literally or under the doctrine of equivalents.
71. CenturyLink also indirectly infringes the `636 Patent under 35 U.S.C. 271(b) by
actively inducing its customers to infringe the `636 Patent. CenturyLink has had knowledge of
the `636 Patent since at least the filing date of this complaint. Further, CenturyLink possesses
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the specific intent to encourage others, including its DSL customers, to infringe the `636 Patent,
or at the very least is willfully blind to such infringement.
72. CenturyLink encourages its DSL customers to infringe the `636 Patent by
providing, installing, configuring, supporting, and maintaining Customer Premises Equipment
that is then operated by customers and end users to communicate with CenturyLink Service
Provider Equipment in accordance with one or more claims of the `636 Patent. In addition,
CenturyLink encourages its DSL customers to infringe the `636 Patent by providing instructions
to customers on how to install, connect, configure, and use DSL Customer Premises Equipment
for communication with CenturyLink Service Provider Equipment in a manner that causes
CenturyLinks customers to practice one or more claims of the `636 Patent.
73. Intellectual Ventures II has suffered damage as a result of CenturyLinks
infringement of the `636 Patent.
COUNT II(CenturyLinks Infringement of the `695 Patent)
74. Paragraphs 1-73 are incorporated by reference as if fully restated herein.
75. The `695 Patent covers, among other things, a DSL transmission system including
first and second transceivers connected via a subscriber loop for transmitting and receiving
information over first and second channels, wherein each of the transceivers includes a controller
for selectively changing transmission rates to select between two specified asymmetrical digital
subscriber line (ADSL) modes. CenturyLink installs, configures, controls and operates
Service Provider Equipment and Customer Premises Equipment for the purpose of providing
Wholesale and Retail DSL Services to customers via subscriber loops in a manner that provides
for selectively changing transmission rates to select between two specified ADSL modes. As a
result of these actions, CenturyLink directly infringes the `695 Patent, either literally or under the
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doctrine of equivalents, in violation of 35 U.S.C. 271(a) by making and using DSL systems
covered by claims of the `695 Patent. In addition, customers who subscribe to CenturyLinks
Wholesale and Retail DSL Services have and continue to directly infringe the `695 Patent, either
literally or under the doctrine of equivalents, in violation of 35 U.S.C. 271(a) by using DSL
systems covered by claims of the `695 Patent.
76. CenturyLink also indirectly infringes the `695 Patent under 35 U.S.C. 271(b) by
actively inducing its customers to infringe the `695 Patent. CenturyLink has had knowledge of
the `695 Patent since at least the filing date of this complaint. Further, CenturyLink possesses
specific intent to encourage others, including its DSL customers, to infringe the `695 Patent, or at
the very least is willfully blind to such infringement. CenturyLink encourages its DSL
customers to infringe the `695 Patent by providing, installing, configuring, supporting, and
maintaining Customer Premises Equipment that is then used by customers and end users to
communicate with CenturyLink Service Provider Equipment in a manner that causes
CenturyLink customers to use DSL systems covered by claims of the `695 Patent. In addition,
CenturyLink encourages its DSL customers to infringe the `695 Patent by providing instructions
to customers on how to install, connect, configure, and use DSL Customer Premises Equipment
for communication with CenturyLink Service Provider Equipment in a manner that causes
CenturyLink customers to use DSL systems covered by claims of the `695 Patent.
77. CenturyLink also indirectly infringes the `695 Patent under 35 U.S.C. 271(c) by
contributing to its customers infringement of the `695 Patent. CenturyLink imports into the
United States, offers to sell, and sells DSL Customer Premises Equipment to customers who
subscribe to CenturyLinks Wholesale and Retail DSL Services knowing that such equipment
constitutes a material component of the systems claimed in the `695 Patent, and knowing the
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same to be especially made and adapted for use in the customers direct infringement of the `695
Patent, and further knowing that such equipment is not a staple article or commodity of
commerce suitable for substantial noninfringing use. The DSL Customer Premises Equipment
that CenturyLink sells to its customers is designed and configured specifically to be compatible
with and interoperable with CenturyLink Service Provider Equipment, wherein integration of the
Customer Premises Equipment creates a system falling within one or more claims of the `695
Patent that is then used by the customer.
78. Intellectual Ventures II has suffered damage as a result of Defendants
infringement of the `695 Patent.
COUNT III(CenturyLinks Infringement of the `548 Patent)
79. Paragraphs 1-78 are incorporated by reference as if fully restated herein.
80. The `548 Patent covers, among other things, a method for establishing an Internet
connection from a Customer Premises Equipment to an Internet connected information services
provider, including establishing an ADSL connection, assigning a temporary Internet address,
translating a domain name to an Internet address, and using the translated Internet Address to
connect the Customer Premises Equipment to an Internet connected information services
provider via the ADSL connection. CenturyLink performs such a method by controlling and
operating a DSL system including DSL Customer Premises Equipment and Service Provider
Equipment to provide a system that gives customers access to Internet connected information
service providers. As a result of these actions, CenturyLink has directly infringed, either literally
or under the doctrine of equivalents, one or more method claims of the `548 Patent in violation of
35 U.S.C. 271(a).
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81. CenturyLink also indirectly infringes the `548 Patent indirectly under 35 U.S.C.
271(b) by actively inducing its customers to use Customer Premises Equipment connected to
CenturyLinks Service Provider Equipment in a manner that results in performance by a
customer of some or all of the steps required by method claims of the `548 Patent, while
CenturyLink concurrently operates its Service Provider Equipment in a manner that results in
performance by CenturyLink of at least a remainder of the steps required by the same method
claims of the `548 Patent. The performance of processes falling within the within the scope of
one or more method claims of the `548 Patent, resulting from steps performed by CenturyLink in
conjunction with the steps that CenturyLink induces its customers to perform, has caused and
will continue to cause direct infringement of method claims of the `548 Patent, either literally or
under the doctrine of equivalents.
82. Qwest Communications International, Inc., which is a subsidiary of CenturyLink,
Inc., is the current assignee of U.S. Patent No. 6,873,622 (issued on March 29, 2005) and U.S.
Patent No. 6,195,364 (issued on February 27, 2001). The `548 Patent was considered by the
U.S. patent office during prosecution of both of these patents. No later than May 12, 2000,
Qwest Communications International, Inc. cited the `548 Patent in an Information Disclosure
Statement during prosecution of U.S. Patent No. 6,873,622. Accordingly, since at least as early
as May 12, 2000, Qwest Communications International, Inc. has had knowledge of the `548
Patent. Upon information and belief, CenturyLink Inc. and its subsidiaries are under common
direction, management, and control. Therefore, each of the CenturyLink Defendants has had
knowledge of the `548 Patent since at least as early as their respective dates of acquisition by, or
merger with CenturyLink, Inc. Alternatively, CenturyLink has had knowledge of the `548 Patent
since at least the filing date of this complaint. Further, CenturyLink has had and continues to
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have the specific intent to encourage others, including its DSL customers, to perform some or all
of the steps required by method claims of the `548 Patent, resulting in infringement of the 548
Patent, or at the very least has been willfully blind to such infringement. CenturyLink
encourages its DSL customers to perform some or all of the steps required by certain method
claims of the `548 Patent by providing, installing, configuring, supporting, and maintaining
Customer Premises Equipment that is then used by customers and end users to communicate
with CenturyLink Service Provider Equipment in a manner that, in coordination and combination
with steps performed by CenturyLinks actions, results in infringement of certain method claims
of the `548 Patent. In addition, CenturyLink encourages its customers to perform some or all of
the steps required by certain method claims of the `548 Patent by providing instructions to
customers on how to install, connect, configure, and use DSL Customer Premises Equipment for
communication with CenturyLink Service Provider Equipment in a manner that, in coordination
and combination with steps performed by CenturyLinks actions, resulted in and continues to
result in performance of all of the steps of certain method claims of the `548 Patent.
83. CenturyLinks infringement of the `548 Patent has also been willful and the Court
should award treble damages pursuant to 35 U.S.C. 284. CenturyLink has had knowledge of
the `548 Patent since well before the filing date of this complaint, has acted despite an
objectively high likelihood that its actions constitute infringement of this patent, and has known
or should have known of this objectively high risk.
84. Intellectual Ventures II has suffered damage as a result of Defendants
infringement of the `548 Patent.
COUNT IV(CenturyLinks Infringement of the `182 Patent)
85. Paragraphs 1-84 are incorporated by reference as if fully restated herein.
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86. The `182 Patent covers, among other things, a communication system comprising
telephone switching equipment, local loops connecting the switching equipment to customer
premises equipment, splitters for splitting signals received over local loops into data signals and
telephony signals, and equipment that provides for dynamic handling of addresses for data
signals. CenturyLink integrates, configures, controls and operates communications systems
including telephone switching equipment, DSL Service Provider Equipment connected to DSL
Customer Premises Equipment via local loops, DSL splitter devices, and service provider
equipment that provides for dynamic handling of Internet addresses. As a result of these actions,
CenturyLink directly infringes the `182 Patent in violation of 35 U.S.C. 271(a) by making and
using systems covered by claims of the `182 Patent, either literally or under the doctrine of
equivalents. In addition, customers who subscribe to CenturyLinks DSL-based Internet, Voice
and TV Services have and continue to directly infringe the `182 Patent in violation of 35 U.S.C.
271(a) by using systems covered by claims of the `182 Patent, either literally or under the
doctrine of equivalents.
87. CenturyLink also infringes the `182 Patent indirectly under 35 U.S.C. 271(b) by
actively inducing its customers to infringe the `182 Patent. Upon information and belief, Qwest
Communications International, Inc., which is a subsidiary of CenturyLink, Inc., is the current
assignee of U.S. Patent No. 6,160,810, which issued on December 12, 2000. The `182 Patent
was considered by the patent examiner during prosecution of U.S. Patent No. 6,160,810.
Accordingly, since at least as early as December 12, 2000, Qwest Communications International,
Inc. has had knowledge of the `182 Patent. Upon information and belief, CenturyLink Inc. and
its subsidiaries are under common direction, management, and control. Therefore, each of the
CenturyLink Defendants has had knowledge of the `182 Patent since at least as early as their
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respective date s of acquisition by, or merger with CenturyLink, Inc. Alternatively, CenturyLink
has had knowledge of the `182 Patent since at least the filing date of this complaint. Further,
CenturyLink has had and continues to have the specific intent to encourage others, including its
DSL customers, to infringe the `182 Patent, or at the very least has been willfully blind to such
infringement. CenturyLink encourages its DSL customers to infringe the `182 Patent by
providing, installing, configuring, supporting, and maintaining Customer Premises Equipment
that is then used by customers and end users to communicate with CenturyLink Service Provider
Equipment. In addition, CenturyLink encourages its DSL customers to infringe the `182 Patent
by providing instructions to customers on how to install, connect, configure, and use DSL
Customer Premises Equipment for communication with CenturyLink Service Provider
Equipment in a manner that causes CenturyLink customers to use DSL systems covered by the
claims of the 182 Patent.
88. CenturyLink also infringes the `182 Patent indirectly under 35 U.S.C. 271(c) by
contributing to its own customers infringement of the `182 Patent. CenturyLink imports into the
United States, offers to sell, and sells DSL Customer Premises Equipment to customers who
subscribe to CenturyLinks Wholesale and Retail DSL Services knowing that such equipment
constitutes a material component of the systems claimed in the `182 Patent, and knowing the
same to be especially made and adapted for use in the customers direct infringement of the `182
Patent, and further knowing that such equipment is not a staple article or commodity of
commerce suitable for substantial noninfringing use. The DSL Customer Premises Equipment
that CenturyLink sells to its customers is designed and configured specifically to be compatible
with and interoperable with CenturyLink Service Provider Equipment, wherein integration of the
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Customer Premises Equipment creates a system falling within one or more claims of the `182
Patent that is then used by the customer.
89. CenturyLinks infringement of the `182 Patent has also been willful and the Court
should award treble damages pursuant to 35 U.S.C. 284. CenturyLink has had knowledge of
the `182 Patent since well before the filing date of this complaint, has acted despite an
objectively high likelihood that its actions constitute infringement of this patent, and has known
or should have known of this objectively high risk.
90. Intellectual Ventures II has suffered damage as a result of Defendants
infringement of the `182 Patent.
COUNT V(CenturyLinks Infringement of the `912 Patent)
91. Paragraphs 1-90 are incorporated by reference as if fully restated herein.
92. CenturyLink, either alone or in conjunction with others, has directly infringed the
`912 Patent by performing processes covered by one or more of the method claims of the `912
Patent, either literally or under the doctrine of equivalents, without authority and in violation of
35 U.S.C. 271(a).
93. The `912 Patent covers, among other things, a method of improving a video
distribution system that provides information to end users over telephone lines using
asymmetrical digital subscriber line (ADSL) interface units, wherein an ADSL source side
interface unit is located at a site remote from a central office and connected to a source of video
information using a broadband communication link. CenturyLink performs such a method when
arranging, connecting, and deploying video distribution systems using fiber-to-the-node
(FTTN) techniques and other technology in a manner that directly infringes certain method
claims of the `912 Patent in violation of 35 U.S.C. 271(a).
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94. Qwest Communications International, Inc., which is a subsidiary of CenturyLink,
Inc., is the current assignee of U.S. Patent No. 6,178,179 (issued on January 23, 2001) and U.S.
Patent No. 8,064,369 (issued on November 22, 2011). The `912 Patent was considered by the
U.S. patent office during prosecution of both of these patents. On April 14, 2000, Qwest
Communications International, Inc. cited the `912 Patent in an Information Disclosure Statement
during prosecution of U.S. Patent No. 8,064,369. Accordingly, since at least as early as April 14,
2000, Qwest Communications International, Inc. has had knowledge of the `912 Patent. Upon
information and belief, CenturyLink Inc. and its subsidiaries are under common direction,
management, and control. Therefore, each of the CenturyLink Defendants has had knowledge of
the `912 Patent since at least as early as their respective date s of acquisition by, or merger with
CenturyLink, Inc. Alternatively, CenturyLink has had knowledge of the `912 Patent since at
least the filing date of this complaint.
95. CenturyLinks infringement of certain method claims of the `912 Patent has also
been willful and the Court should award treble damages pursuant to 35 U.S.C. 284.
CenturyLink has had knowledge of the `912 Patent since well before the filing date of this
complaint, has acted despite an objectively high likelihood that its actions constitute
infringement of this patent, and has known or should have known of this objectively high risk.
96. Intellectual Ventures II has suffered damage as a result of Defendants
infringement of the `912 Patent.
COUNT VI(CenturyLinks Infringement of the `532 Patent)
97. Paragraphs 1-96 are incorporated by reference as if fully restated herein.
98. The `532 Patent covers, among other things, a method for communication
performed by a transceiver in a multicarrier modulation system that includes utilizing a first
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allocation of bits to sub-channels, selecting a different allocation of bits, transmitting a flag, and
utilizing the different allocation of bits to communicate after a predetermined number of frames
following transmission of the flag. CenturyLink directly infringes one or more method claims of
the `532 Patent, either literally or under the doctrine of equivalents, in violation of 35 U.S.C.
271(a) by operating DSL Service Provider Equipment and/or operating DSL Customer Premises
Equipment to deliver DSL services that conform with the ADSL2 and/or VDSL2 standards.
99. CenturyLinks DSL customers and end users have also directly infringed, and
continue to directly infringe one or more of the method claims of the `532 Patent, either literally
or under the doctrine of equivalents, in violation of 35 U.S.C. 271(a) through their use and
operation of DSL Customer Premises Equipment configured for communication with
CenturyLinks DSL Service Provider Equipment in accordance with the ADSL2 and/or VDSL2
standards.
100. CenturyLink also infringes the `532 Patent indirectly under 35 U.S.C. 271(b) by
actively inducing its customers to infringe. CenturyLink has had knowledge of the `532 Patent
since at least the filing date of this complaint. CenturyLink possesses specific intent to
encourage others, including its DSL customers and end users, to infringe certain method claims
of the `532 Patent by using certain Customer Premises Equipment, or at the very least has been
willfully blind to such infringement. CenturyLink encourages its DSL customers to infringe the
`532 Patent by providing, installing, configuring, supporting, and maintaining Customer
Premises Equipment that is then used by customers and end users to communicate with
CenturyLinks DSL Service Provider Equipment in accordance with the ADSL2 and/or VDSL2
standards in a manner that causes customers to infringe certain method claims of the `532 Patent.
In addition, CenturyLink encourages its DSL customers to infringe certain method claims of the
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`532 Patent by providing instructions to customers on how to install, connect, configure, and use
DSL Customer Premises Equipment for communication with CenturyLinks DSL Service
Provider Equipment in accordance with the ADSL2 and/or VDSL2 standards in a manner that
causes customers to infringe claims of the `532 Patent.
101. Intellectual Ventures II has suffered damage as a result of Defendants
infringement of the `532 Patent.
COUNT VII(CenturyLinks Infringement of the `928 Patent)
102. Paragraphs 1-101 are incorporated by reference as if fully restated herein.
103. The `928 Patent covers, among other things, a method for seamlessly changing
transmission parameters in a multicarrier transceiver, wherein a seamless transition is based on a
sync symbol or an inverted sync symbol. CenturyLink directly infringes one or more of the
method claims of the `928 Patent, either literally or under the doctrine of equivalents, in violation
of 35 U.S.C. 271(a) when operating DSL Service Provider Equipment and/or operating DSL
Customer Premises Equipment to deliver DSL services that conform with the ADSL2 and/or
VDSL2 standards.
104. CenturyLinks DSL customers and end users have also directly infringed, and
continue to directly infringe one or more of the method claims of the `928 Patent, either literally
or under the doctrine of equivalents, in violation of 35 U.S.C. 271(a) through their use and
operation of DSL Customer Premises Equipment configured for communication with
CenturyLinks DSL Service Provider Equipment in accordance with the ADSL2 and/or VDSL2
standards.
105. CenturyLink also infringes the `928 Patent indirectly under 35 U.S.C. 271(b) by
actively inducing its customers to infringe certain method claims of the `928 Patent.
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CenturyLink has had knowledge of the `928 Patent since at least the filing date of this complaint.
CenturyLink possesses specific intent to encourage others, including its DSL customers and end
users to infringe method claims of the `928 Patent by using certain Customer Premises
Equipment, or at the very least is willfully blind to such infringement. CenturyLink encourages
its DSL customers to infringe the `928 Patent by providing, installing, configuring, supporting,
and maintaining Customer Premises Equipment that is then used by customers and end users to
communicate with CenturyLinks DSL Service Provider Equipment in accordance with the
ADSL2 and/or VDSL2 standards in a manner that causes CenturyLink customers to infringe
method claims of the `928 Patent. In addition, CenturyLink encourages this infringement by
providing instructions to customers on how to install, connect, configure, and use DSL Customer
Premises Equipment for communication with CenturyLinks DSL Service Provider Equipment in
accordance with the ADSL2 and/or VDSL2 standards in a manner that causes CenturyLink
customers to infringe method claims of the `928 Patent.
106. Intellectual Ventures II has suffered damage as a result of Defendants
infringement of the `928 Patent.
COUNT VIII(CenturyLinks Infringement of the `601 Patent)
107. Paragraphs 1-106 are incorporated by reference as if fully restated herein.
108. The `601 Patent covers, among other things, an apparatus including a transceiver
configured to transmit a message during data communications to change from a first data rate to
a second data rate, and to make a transition between the first and second data rates based at least
on a sync symbol or a phase-shifted sync symbol. CenturyLink directly infringes one or more
claims of the `601 Patent, either literally or under the doctrine of equivalents, in violation of 35
U.S.C. 271(a) by operating DSL Service Provider Equipment and/or operating DSL Customer
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Premises Equipment in accordance with the ADSL2 and/or VDSL2 standards as well as by
offering to sell and selling DSL Customer Premises Equipment capable of communicating data
in accordance with the ADSL2 and/or VDSL2 standards.
109. CenturyLinks DSL customers and end users have also directly infringed, and
continue to directly infringe one or more of the claims of the `601 Patent, either literally or under
the doctrine of equivalents, in violation of 35 U.S.C. 271(a) through their use and operation of
DSL Customer Premises Equipment configured for communication with CenturyLinks DSL
Service Provider Equipment in accordance with the ADSL2 and/or VDSL2 standards.
110. CenturyLink also infringes the `601 Patent indirectly under 35 U.S.C. 271(b) by
actively inducing its customers to infringe the `601 Patent upon use of certain DSL Customer
Premises Equipment. CenturyLink has had knowledge of the `601 Patent since at least the filing
date of this complaint. Further, CenturyLink possesses specific intent to encourage others,
including its DSL customers and end users, to infringe claims of the `601 Patent, or at the very
least is willfully blind to such infringement. CenturyLink encourages its DSL customers to
infringe the `601 Patent by providing, installing, configuring, supporting, and maintaining
Customer Premises Equipment that is then used by customers and end users to communicate
with CenturyLinks DSL Service Provider Equipment in accordance with the ADSL2 and/or
VDSL2 standards in a manner that causes CenturyLink customers to infringe claims of the `601
Patent. In addition, CenturyLink encourages this infringement by providing instructions to
customers on how to install, connect, configure, and use DSL Customer Premises Equipment for
communication with CenturyLinks DSL Service Provider Equipment in accordance with the
ADSL2 and/or VDSL2 standards in a manner that causes CenturyLink customers to infringe
claims of the `601 Patent.
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111. Intellectual Ventures II has suffered damage as a result of Defendants
infringement of the `601 Patent.
COUNT IX
(CenturyLinks Infringement of the `175 Patent)
112. Paragraphs 1-111 are incorporated by reference as if fully restated herein.
113. The `175 Patent covers, among other things, a method of changing sub-channel
transmission parameters in a multicarrier transmitter based on a change in phase of a non-data-
carrying Discrete Multitone Modulation (DMT) symbol, wherein the data-carrying DMT
symbols are decoupled from a plurality of codewords and a plurality of ADSL frames.
CenturyLink directly infringes one or more of the method claims of the `175 Patent, either
literally or under the doctrine of equivalents, in violation of 35 U.S.C. 271(a) when operating
DSL Service Provider Equipment and/or operating DSL Customer Premises Equipment to
deliver DSL services that conform with the ADSL2 and/or VDSL2 standards.
114. CenturyLinks DSL customers and end users have also directly infringed, and
continue to directly infringe one or more of the method claims of the `175 Patent, either literally
or under the doctrine of equivalents, in violation of 35 U.S.C. 271(a) through their use of DSL
Customer Premises Equipment configured for communication with CenturyLinks DSL Service
Provider Equipment in accordance with the ADSL2 and/or VDSL2 standards.
115. CenturyLink also infringes the `175 Patent indirectly under 35 U.S.C. 271(b) by
actively inducing its customers to infringe certain method claims of the `175 Patent upon use of
certain DSL Customer Premises Equipment. CenturyLink has had knowledge of the `175 Patent
since at least the filing date of this complaint. Further, CenturyLink possesses specific intent to
encourage others, including its DSL customers and end users, to infringe method claims of the
`175 Patent, or at the very least is willfully blind to such infringement. CenturyLink encourages
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its DSL customers to infringe the `175 Patent by providing, installing, configuring, supporting,
and maintaining Customer Premises Equipment that is then used by customers and end users to
communicate with CenturyLinks DSL Service Provider Equipment in accordance with the
ADSL2 and/or VDSL2 standards in a manner that causes CenturyLink customers to infringe
method claims of the `175 Patent. In addition, CenturyLink encourages its DSL customers to
infringe the `175 Patent by providing instructions to customers on how to install, connect,
configure, and use DSL Customer Premises Equipment for communication with CenturyLinks
DSL Service Provider Equipment in accordance with the ADSL2 and/or VDSL2 standards in a
manner that causes CenturyLink customers to infringe method claims of the `175 Patent.
116. Intellectual Ventures II has suffered damage as a result of Defendants
infringement of the `175 Patent.
COUNT X(CenturyLinks Infringement of the `808 Patent)
117. Paragraphs 1-116 are incorporated by reference as if fully restated herein.
118. The `808 Patent covers, among other things, a method for seamlessly changing a
transmission bit rate in a multicarrier communication system, which includes seamlessly
transitioning from a first rate to a second rate, wherein a specified codeword size and a specified
number of parity bits for forward error correction used when transmitting each of a first plurality
of codewords are used when transmitting each of a second plurality of codewords. CenturyLink
directly infringes one or more of the method claims of the `808 Patent, either literally or under
the doctrine of equivalents, in violation of 35 U.S.C. 271(a) when operating DSL Service
Provider Equipment and/or operating DSL Customer Premises Equipment to deliver DSL
services that conform with the ADSL2 and/or VDSL2 standards.
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119. CenturyLinks DSL customers and end users have also directly infringed, and
continue to directly infringe one or more of the method claims of the `808 Patent, either literally
or under the doctrine of equivalents, in violation of 35 U.S.C. 271(a) through their use and
operation of DSL Customer Premises Equipment configured for communication with
CenturyLinks DSL Service Provider Equipment in accordance with the ADSL2 and/or VDSL2
standards.
120. CenturyLink also infringes the `808 Patent indirectly under 35 U.S.C. 271(b) by
actively inducing its customers to infringe method claims of the `808 Patent upon use of certain
DSL Customer Premises Equipment. All of the CenturyLink Defendants have had knowledge of
the `808 Patent since at least the filing date of this complaint. Further, CenturyLink possesses
specific intent to encourage others, including its DSL customers and end users, to infringe
method claims of the `808 Patent, or at the very least is willfully blind to such infringement.
CenturyLink encourages its DSL customers to infringe method claims of the `808 Patent by
providing, installing, configuring, supporting, and maintaining Customer Premises Equipment
that is then used by customers and end users to communicate with CenturyLinks DSL Service
Provider Equipment in accordance with the ADSL2 and/or VDSL2 standards in a manner that
causes CenturyLink customers to infringe the `808 Patent. In addition, CenturyLink encourages
this infringement by providing instructions to customers on how to install, connect, configure,
and use DSL Customer Premises Equipment for communication with CenturyLinks DSL
Service Provider Equipment in accordance with the ADSL2 and/or VDSL2 standards in a
manner that causes CenturyLink customers to infringe method claims of the `808 Patent.
121. Intellectual Ventures II has suffered damage as a result of Defendants
infringement of the `808 Patent.
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COUNT XI(CenturyLinks Infringement of the `991 Patent)
122. Paragraphs 1-121 are incorporated by reference as if fully restated herein.
123. The `991 Patent covers, among other things, a method for seamlessly changing a
bit rate in a multicarrier communication system including a transmitter and a receiver based on a
message having at least one parameter of a second bit allocation table, and synchronizing use of
the second bit allocation table between the transmitter and receiver. CenturyLink directly
infringes one or more of the method claims of the `991 Patent, either literally or under the
doctrine of equivalents, in violation of 35 U.S.C. 271(a) by controlling and operating DSL
systems (including DSL Customer Premises Equipment and Service Provider Equipment) that
operate in accordance with the ADSL2 and/or VDSL2 standards.
124. CenturyLink also infringes the `991 Patent indirectly under 35 U.S.C. 271(b) by
actively inducing its customers to use DSL Customer Premises Equipment connected to
CenturyLinks Service Provider Equipment in a manner that results in performance by a
customer of some or all of the steps required by method claims of the `991 Patent, while
CenturyLink concurrently operates its Service Provider Equipment in a manner that results in
performance by CenturyLink of at least a remainder of the steps required by the same method
claims of the `991 Patent. The performance of processes falling within the within the scope of
one or more method claims of the `991 Patent, resulting from steps performed by CenturyLink in
conjunction with the steps that CenturyLink induces its customers to perform, has caused and
will continue to cause infringement of method claims of the `991 Patent, either literally or under
the doctrine of equivalents.
125. CenturyLink has had knowledge of the `991 Patent since at least the filing date of
this complaint. Further, CenturyLink possesses specific intent to encourage others, including its
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DSL customers, to perform some or all of the steps required by method claims of the `991
Patent, resulting in infringement of the 991 Patent, or at the very least is willfully blind to such
infringement. CenturyLink encourages its DSL customers to perform some or all of the steps
required by certain method claims of the `991 Patent by providing, installing, configuring,
supporting, and maintaining Customer Premises Equipment that is then used by customers and
end users to communicate with CenturyLink Service Provider Equipment in a manner that, in
coordination and combination with steps performed by CenturyLinks actions, results
infringement of certain method claims of the `991 Patent. In addition, CenturyLink encourages
its customers to perform some or all of the steps required by certain method claims of the `991
Patent by providing instructions to customers on how to install, connect, configure, and use DSL
Customer Premises Equipment for communication with CenturyLink Service Provider
Equipment in a manner that, in coordination and combination with steps performed by
CenturyLinks actions, results in performance of certain method claims of the `991 Patent.
126. Intellectual Ventures II has suffered damage as a result of Defendants
infringement of the `991 Patent.
COUNT XII(CenturyLinks Infringement of the `410 Patent)
127. Paragraphs 1-126 are incorporated by reference as if fully restated herein.
128. The `410 Patent covers, among other things, a method of initializing to establish a
communication link between first and second transceivers using a first bit allocation table that
approximates a corresponding actual second bit allocation table. CenturyLink performs such a
method by controlling and operating a DSL system including the DSL Customer Premises
Equipment and the Service Provider Equipment to operate in accordance with the ADSL2
standard. As a result of these actions, CenturyLink directly infringes one or more of the method
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claims of the `410 Patent, either literally or under the doctrine of equivalents in violation of 35
U.S.C. 271(a).
129. CenturyLink also infringes the `410 Patent indirectly under 35 U.S.C. 271(b) by
actively inducing its customers to use DSL Customer Premises Equipment connected to
CenturyLinks Service Provider Equipment in a manner that results in performance by a
customer of some or all of the steps required by method claims of the `410 Patent, while
CenturyLink concurrently operates its Service Provider Equipment in a manner that results in
performance by CenturyLink of at least a remainder of the steps required by the same method
claims of the `410 Patent. The performance of processes falling within the within the scope of
one or more method claims of the `410 Patent, resulting from steps performed by CenturyLink in
conjunction with the steps that CenturyLink induces its customers to perform, has caused and
will continue to cause infringement of method claims of the `410 Patent, either literally or under
the doctrine of equivalents.
130. CenturyLink has had knowledge of the `410 Patent since at least the filing date of
this complaint. Further, CenturyLink possesses specific intent to encourage others, including its
DSL customers, to perform some or all of the steps required by method claims of the `410
Patent, resulting in infringement of the 410 Patent, or at the very least is willfully blind to such
infringement. CenturyLink encourages its DSL customers to perform some or all of the steps
required by certain method claims of the `410 Patent by providing, installing, configuring,
supporting, and maintaining Customer Premises Equipment that is then used by customers and
end users to communicate with CenturyLink Service Provider Equipment in a manner that, in
coordination and combination with steps performed by CenturyLinks actions, results in
infringement of certain method claims of the `410 Patent. In addition, CenturyLink encourages
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its customers to perform some or all of the steps required by certain method claims of the `410
Patent by providing instructions to customers on how to install, connect, configure, and use DSL
Customer Premises Equipment for communication with CenturyLink Service Provider
Equipment in a manner that, in coordination and combination with steps performed by
CenturyLinks actions, result in performance of certain method claims of the `410 Patent.
131. Intellectual Ventures II has suffered damage as a result of Defendants
infringement of the `410 Patent.
COUNT XIII(CenturyLinks Infringement of the `876 Patent)
132. Paragraphs 1-131 are incorporated by reference as if fully restated herein.
133. The `876 Patent covers, among other things, a method for multicarrier
communications that includes performing an initialization to establish a communication link at a
first data rate using a first bit allocation table stored prior to the initialization and seamlessly
adapting the first data rate to a second data rate using a second bit allocation table, transmitting
or receiving a first plurality of codewords at the first data rate, changing the first data rate to the
second data rate, and transmitting or receiving a second plurality of codewords at the second data
rate, wherein a specified codeword size and a specified number of parity bits for forward error
correction used for the first plurality of codewords are used for the second plurality of codewords
to achieve a seamless change in data rate. CenturyLink directly infringes one or more of the
method claims of the `876 Patent, either literally or under the doctrine of equivalents, in violation
of 35 U.S.C. 271(a) when operating DSL Service Provider Equipment and/or operating DSL
Customer Premises Equipment to deliver DSL services that conform with the ADSL2 standard.
134. CenturyLinks DSL customers and end users have also directly infringed, and
continue to directly infringe one or more of the method claims of the `876 Patent, either literally
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or under the doctrine of equivalents, in violation of 35 U.S.C. 271(a) through their use and
operation of DSL Customer Premises Equipment configured for communication with
CenturyLinks DSL Service Provider Equipment in accordance with the ADSL2 standard.
135. CenturyLink also infringes the `876 Patent indirectly in violation of 35 U.S.C.
271(b) by actively inducing its customers to infringe method claims of the `876 Patent through
the use of certain DSL Customer Premises Equipment. CenturyLink has had knowledge of the
`876 Patent since at least the filing date of this complaint. Further, CenturyLink possesses
specific intent to encourage others, including its DSL customers and end users, to infringe
method claims of the `876 Patent, or at the very least is willfully blind to such infringement.
CenturyLink encourages its DSL customers to infringe the `876 Patent by providing, installing,
configuring, supporting, and maintaining Customer Premises Equipment that is then used by
customers and end users to communicate with CenturyLinks DSL Service Provider Equipment
in accordance with the ADSL2 standard in a manner that causes CenturyLink customers to
infringe method claims of the `876 Patent. In addition, CenturyLink encourages this
infringement by providing instructions to customers on how to install, connect, configure, and
use DSL Customer Premises Equipment for communication with CenturyLinks DSL Service
Provider Equipment in accordance with the ADSL2 standard in a manner that causes
CenturyLink customers to infringe method claims of the `876 Patent.
136. Intellectual Ventures II has suffered damage as a result of Defendants
infringement of the `876 Patent.
COUNT XIV(CenturyLinks Infringement of the `473 Patent)
137. Paragraphs 1-136 are incorporated by reference as if fully restated herein.
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138. The `473 Patent covers, among other things, a method for seamlessly changing
between a first power mode and a second power mode in a system including a transmitter and a
receiver, wherein a specified codeword size, and a specified number of parity bits for forward
error correction used to transmit and receive codewords in the first power mode are also used to
transmit and receive codewords in the second power mode. CenturyLink performs such a
method by controlling and operating a DSL system including DSL Customer Premises
Equipment and DSL Service Provider Equipment in accordance with the ADSL2 standard. As a
result of these actions, CenturyLink directly infringes one or more of the method claims of the
`473 Patent, either literally or under the doctrine of equivalents in violation of 35 U.S.C.
271(a).
139. CenturyLink also indirectly infringes the `473 Patent under 35 U.S.C. 271(b) by
actively inducing its customers to use Customer Premises Equipment configured for
communication with CenturyLinks Service Provider Equipment in accordance with the ADSL2
standard in a manner that results in performance by a customer of some or all of the steps
required by method claims of the `473 Patent, while CenturyLink concurrently operates its
Service Provider Equipment in a manner that results in performance by CenturyLink of at least a
remainder of the steps required by the same method claims of the `473 Patent. The performance
of processes falling within the within the scope of one or more method claims of the `473 Patent,
resulting from steps performed by CenturyLink in conjunction with the steps that CenturyLink
induces its customers to perform, has caused and will continue to cause infringement of method
claims of the `473 Patent, either literally or under the doctrine of equivalents.
140. CenturyLink has had knowledge of the `473 Patent since at least the filing date of
this complaint. Further, CenturyLink possesses specific intent to encourage others, including its
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DSL customers, to perform some or all of the steps required by method claims of the `473
Patent, resulting in infringement of the 473 Patent, or at the very least is willfully blind to such
infringement. CenturyLink encourages its DSL customers to perform some or all of the steps
required by certain method claims of the `473 Patent by providing, installing, configuring,
supporting, and maintaining Customer Premises Equipment that is then used by customers and
end users to communicate with CenturyLink Service Provider Equipment in accordance with the
ADSL2 standard in a manner that, in coordination and combination with steps performed by
CenturyLinks actions, results infringement of certain method claims of the `473 Patent. In
addition, CenturyLink encourages its customers to perform some or all of the steps required by
certain method claims of the `473 Patent by providing instructions to customers on how to
install, connect, configure, and use DSL Customer Premises Equipment for communication with
CenturyLink Service Provider Equipment in accordance with the ADSL2 standard in a manner
that, in coordination and combination with steps performed by CenturyLinks actions, results in
performance of certain method claims of the `473 Patent.
141. Intellectual Ventures II has suffered damage as a result of Defendants
infringement of the `473 Patent.
COUNT XV(CenturyLinks Infringement of the `735 Patent)
142. Paragraphs 1-141 are incorporated by reference as if fully restated herein.
143. The `735 Patent covers, among other things, a method for communication
between two units, including allocating bits to subchannels according to a first bit allocation
table, monitoring the channel to develop a second bit allocation table, transmitting the second bit
allocation table to the other of the two units, and storing the first and second bit allocation tables
at each of the units. CenturyLink performs such a method by controlling and operating a DSL
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system including DSL Customer Premises Equipment and DSL Service Provider Equipment in
accordance with the ADSL2 standard. As a result, CenturyLink directly infringes one or more of
the method claims of the `735 Patent, either literally or under the doctrine of equivalents in
violation of 35 U.S.C. 271(a).
144. CenturyLink also infringes the `735 Patent indirectly under 35 U.S.C. 271(b) by
actively inducing its customers to use Customer Premises Equipment configured for
communication with CenturyLinks Service Provider Equipment in accordance with the ADSL2
standard in a manner that results in performance by a customer of some or all of the steps
required by method claims of the `735 Patent, while CenturyLink concurrently operates its
Service Provider Equipment in a manner that results in performance by CenturyLink of at least a
remainder of the steps required by the same method claims of the `735 Patent. The performance
of processes falling within the within the scope of one or more method claims of the `735 Patent,
resulting from steps performed by CenturyLink in conjunction with the steps that CenturyLink
induces its customers to perform, has caused and will continue to cause infringement of method
claims of the `735 Patent, either literally or under the doctrine of equivalents.
145. CenturyLink has had knowledge of the `735 Patent since at least the filing date of
this complaint. Further, CenturyLink possesses specific intent to encourage others, including its
DSL customers, to perform some or all of the steps required by method claims of the `735
Patent, resulting in infringement of the 735 Patent, or at the very least is willfully blind to such
infringement. CenturyLink encourages its DSL customers to perform some or all of the steps
required by certain method claims of the `735 Patent by providing, installing, configuring,
supporting, and maintaining Customer Premises Equipment that is then used by customers and
end users to communicate with CenturyLink Service Provider Equipment in accordance with the
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ADSL2 standard in a manner that, in coordination and combination with steps performed by
CenturyLinks actions, causes performance of certain method claims of the `735 Patent. In
addition, CenturyLink encourages its customers to perform some or all of the steps required by
certain method claims of the `735 Patent by providing instructions to customers on how to
install, connect, configure, and use DSL Customer Premises Equipment for communication with
CenturyLink Service Provider Equipment in accordance with the ADSL2 standard in a manner
that, in coordination and combination with steps performed by CenturyLinks actions, causes
performance of certain method claims of the `735 Patent.
146. Intellectual Ventures II has suffered damage as a result of Defendants
infringement of the `735 Patent.
COUNT XVI(CenturyLinks Infringement of the `348 Patent)
147. Paragraphs 1-146 are incorporated by reference as if fully restated herein.
148. The `348 Patent covers, among other things, a method of transmitting data
through upstream and downstream channels, respectively, from first and second pluralities of
subchannels, including storing at least first and second parameter sets defining data
communications over the channels under at least two different communication conditions, and
selecting a parameter set for use in accordance with a prevailing communication condition.
CenturyLink directly infringes one or more of the method claims of the `348 Patent, either
literally or under the doctrine of equivalents, in violation of 35 U.S.C. 271(a) when operating
DSL Service Provider Equipment and/or operating DSL Customer Premises Equipment to
deliver DSL services that conform with the ADSL2 standard.
149. CenturyLinks DSL customers and end users have also directly infringed, and
continue to directly infringe one or more of the method claims of the `348 Patent, either literally
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or under the doctrine of equivalents, in violation of 35 U.S.C. 271(a) through their use and
operation of DSL Customer Premises Equipment configured for communication with
CenturyLinks DSL Service Provider Equipment in accordance with the ADSL2 standard. As a
result, CenturyLinks customers are direct infringers pursuant to 35 U.S.C. 271(a).
150. CenturyLink also infringes the `348 Patent indirectly under 35 U.S.C. 271(b) by
actively inducing its customers to infringe method claims of the `348 Patent upon use of certain
DSL Customer Premises Equipment. CenturyLink has had knowledge of the `348 Patent since at
least the filing date of this complaint. Further, CenturyLink possesses specific intent to
encourage others, including its DSL customers and end users, to use DSL Customer Premises
Equipment configured for communication with CenturyLinks DSL Service Provider Equipment
in accordance with the ADSL2 standard in a manner that results in infringement of method
claims of the `348 Patent, or at the very least is willfully blind to such infringement. CenturyLink
encourages its DSL customers to infringe the `348 Patent by providing, installing, configuring,
supporting, and maintaining Customer Premises Equipment that is then used by customers and
end users to communicate with CenturyLinks DSL Service Provider Equipment in accordance
with the ADSL2 standard in a manner that causes infringement of method claims of the `348
Patent. In addition, CenturyLink encourages this infringement by providing instructions to
customers on how to install, connect, configure, and use DSL Customer Premises Equipment for
communication with CenturyLinks DSL Service Provider Equipment in accordance with the
ADSL2 standard in a manner that causes infringement of method claims of the `348 Patent.
151. Intellectual Ventures II has suffered damage as a result of Defendants
infringement of the `348 Patent.
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COUNT XVII(CenturyLinks Infringement of the `171 Patent)
152. Paragraphs 1-151 are incorporated by reference as if fully restated herein.
153. The `171 Patent covers, among other things, a variable state length initialization
method including transmitting from a first transceiver to a second transceiver information
identifying a first value that is used to determine a first minimum number of symbols,
transmitting from the second transceiver to the first transceiver information identifying a second
value that is used to determine a second minimum number of symbols, selecting the greater of
the first and second minimum number of symbols, and transmitting from the first transceiver to
the second transceiver, during an initialization state, the selected number of multicarrier symbols.
CenturyLink performs such a method by controlling and operating a DSL system including DSL
Customer Premises Equipment and DSL Service Provider Equipment in accordance with the
ADSL2 and/or VDSL2 standards. As a result of these actions, CenturyLink has directly
infringed one or more of the method claims of the `171 Patent, either literally or under the
doctrine of equivalents, in violation of 35 U.S.C. 271(a).
154. CenturyLink also indirectly infringes the `171 Patent under 35 U.S.C. 271(b) by
actively inducing its customers to use Customer Premises Equipment configured for
communication with CenturyLinks Service Provider Equipment in accordance with the ADSL2
and/or VDSL2 standards in a manner that results in performance by a customer of some or all of
the steps required by method claims of the `171 Patent, while CenturyLink concurrently operates
its Service Provider Equipment in a manner that results in performance by CenturyLink of at
least a remainder of the steps required by the same method claims of the `171 Patent. The
performance of processes falling within the within the scope of one or more method claims of the
`171 Patent, resulting from steps performed by CenturyLink in conjunction with the steps that
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CenturyLink induces its customers to perform, has caused and will continue to cause
infringement of method claims of the `171 Patent, either literally or under the doctrine of
equivalents.
155. CenturyLink has had knowledge of the `171 Patent since at least the filing date of
this complaint. Further, CenturyLink possesses specific intent to encourage others, including its
DSL customers, to perform some or all of the steps required by method claims of the `171
Patent, resulting in infringement of the 171 Patent, or at the very least is willfully blind to such
infringement. CenturyLink encourages its DSL customers to perform some or all of the steps
required by certain method claims of the `171 Patent by providing, installing, configuring,
supporting, and maintaining Customer Premises Equipment that is then used by customers and
end users to communicate with CenturyLink Service Provider Equipment in accordance with the
ADSL2 and/or VDSL2 standards in a manner that, in coordination and combination with steps
performed by CenturyLinks actions, results in infringement of certain method claims of the `171
Patent. In addition, CenturyLink encourages its customers to perform some or all of the steps
required by certain method claims of the `171 Patent by providing instructions to customers on
how to install, connect, configure,